Mental Health Diversion

MENTAL HEALTH DIVERSION

The Mental Health Diversion Program may be available to defendants whose offense is correlated with a Serious Mental Illness (SMI).  Symptoms of a SMI are generally defined as functional in one or more major area of life, occurring on either a continuous or intermittent basis over the last two years and are a direct result of the individual’s mental illness.  The objective of the Mental Health Diversion is to direct defendants to comply with mental health treatment through a licensed provider in lieu of further prosecution.  The eligibility criteria for the District Attorney’s Office’s Adult Diversion Program will generally apply to applications for Mental Health Diversion.  Applicants will be evaluated on a case by case basis.  There is no residency requirement for this program.  The District Attorney’s Office offers two Mental Health Diversion Programs.

Johnson County resident:

  1. The defendant must remain a Johnson County resident throughout the term of the diversion.
  2. In order for a defendant to be placed on Mental Health Diversion, he/she must be approved by the Johnson County District Attorney’s Office (DA’s Office) as well as meet the SMPI or PRE criteria as determined by Johnson County Mental Health (JCMH). 
  3. The defendant must submit an application for Mental Health Diversion to the DA’s Office. A Release of Information (ROI) must be submitted along with the application. Upon receipt of the application and the ROI, the DA’s office screens the defendant’s application for further review by JCMH.
  4. After being screened by DA’s Office, the DA’s Office will notify the defendant’s attorney whether or not   their client’s application will move forward for further assessment at JCMH.  JCMH will contact the defendant directly in order to schedule an assessment after being assessed by JCMH.  Final eligibility for Mental Health Diversion will be determined by the DA’s Office.  
  5. The DA’s Office may approve or deny any diversion application in their sole discretion for any lawful reason, including but not limited to criminal history (arrests, convictions, prior diversions, police contact, etc.). Applicants with criminal history will be evaluated on a case-by case basis.

Out-of-County residents:

  1. In order for an Out-of-County Resident to be placed on Mental Health Diversion, he/she must be approved by the DA’s Office, and he/she must meet the SMI criteria as determined by a licensed mental health treatment provider.  The defendant’s mental health treatment provider must also find that the underlying offense is correlated with the defendant’s SMI. 
  2. The defendant must submit an application for Mental Health Diversion to the DA’s Office. A completed Out-of-County Resident Mental Health Diversion Information Form (“OOCR Form”) must be submitted along with the application. Upon receipt of the application and OOCR Form, final eligibility for Mental Health Diversion will be determined by the DA’s Office.
  3. All Out-of-County Residents approved for Mental Health Diversion will be required to remain engaged in mental health treatment for the entire term of diversion.  In addition, the defendant’s mental health treatment provider must be willing to participate with the monthly compliance reporting requirements of the Mental Health Diversion program. 
  4. The DA’s Office may approve or deny any diversion application in their sole discretion for any lawful reason, including but not limited to criminal history (arrests, convictions, prior diversions, police contact, etc.). Applicants with criminal history will be evaluated on a case-by case basis.

Applications for Mental Health Diversion are not available online.  You may pick up an application at the DA’s Office.  Further questions regarding the Mental Health Diversion Program, you may contact 913-715-3099.